AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

PROCTOR v. UNITED STATES.

PER CURIAM.

This case presents the question whether voluntary drunkenness constitutes a defense to a charge of unauthorized use of a vehicle, under § 2204 of Title 22, District of Columbia Code (1940), which provides, inter alia: "Any person who, without the consent of the owner, shall take, use, operate, or remove, * * * an automobile or motor vehicle, and operate or drive * * * the same * * * for his own profit, use or purpose shall be punished * * *."

No rule is more firmly established than that voluntary drunkenness is no defense for a criminal act, unless specific intent or knowledge is an element of the offense, when drunkenness may be shown to prove mental incapacity to form the specific intent.

It is contended here that the crime involves a specific intent to temporarily appropriate the vehicle for a use inconsistent with the rights of the owner. That, of course, is a necessary result — the natural consequence of taking and using a vehicle without consent. But nothing in the statutory definition makes that result a special element of the offense itself. In our opinion, violation of the statute involves only a "general criminal intent," which may be presumed from doing the prohibited acts. This view, we think, does not conflict with the decision in Pennsylvania Indemnity Fire Corporation v. Aldridge, 1941, 73 App.D.C. 161, 117 F.2d 774, 133 A.L.R. 914. The judgment is

Affirmed.

Use AI to get other relevant cases.

Comments

PROCTOR v. UNITED STATES
(Oct 17, 1949)